May 29, 2020 statement from the Executive Office for Immigration Review,
the federal entity that operates the nation’s nearly 70 immigration courts
As we face the nationwide spread of COVID-19 pandemic, we want to emphasize
that the critical mission of the Department of Justice (Department) will continue. We
will ensure that the Department’s necessary functions operate efficiently during the
outbreak. Specifically, the Executive Office for Immigration Review (EOIR) is actively
and aggressively working to monitor and mitigate risks presented by COVID-19
pandemic within EOIR space.
As with any type of emergency situation, EOIR is continuously assessing how to best
ensure the safety of staff, attorneys, respondents, and visitors. EOIR takes the
safety, health, and well-being of its employees very seriously and continues to
closely review and implement guidance from the Department, the Office of
Management and Budget, the Office of Personnel Management, the Centers for
Disease Control and Prevention, and the General Services Administration in
responding to issues concerning specific locations or employee situations related to
COVID-19 pandemic. EOIR also recognizes that its employees are part of a critical
infrastructure workforce whose mission-critical functions include ensuring due
process and an opportunity to be heard for individuals in custody. Accordingly,
EOIR’s current operational status is largely in line with that of most courts across
the country, which have continued to receive and process filings and to hold critical
hearings, while deferring others as appropriate. Similarly, EOIR has postponed all
non-detained hearings scheduled through June 12, 2020.
EOIR is also continuing to receive and adjudicate filings, including emergency
requests for stays of removal, and to hold hearings for detained aliens, including
bond hearings, while monitoring and minimizing risks presented by COVID-19
pandemic. Immigration judges, who exercise “independent judgment and
discretion” by law, have also issued appropriate standing orders to further minimize
the risks of spreading COVID-19. Additional measures, including telephonic
appearances by practitioners and stipulated requests by the parties, are also
permissible actions that may further lower the risk of spreading COVID-19. EOIR is
committed to ensuring that every detained alien receives his or her day in court and
that EOIR’s actions do not require an alien to remain in custody any longer than is
required by the law.
The Department takes the safety, health, and well-being of its employees and
stakeholders very seriously, and it continually evaluates and responds appropriately
to this rapidly evolving pandemic, while ensuring the continuation of its critical
missions. We hope this information is helpful. Please do not hesitate to contact this
office if we may provide additional assistance regarding this or any other matter.
Best regards,
Amanda St Jean
Regional Public Information Officer